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WILKES-BARRE — Police say convicted sex offender Cyrus Spencer moved without informing authorities, as required under Megan’s Law, and that he admitted as much to officers.

Spencer’s response? Prove it.

Defense attorney Allyson Kacmarski has filed a motion on Spencer’s behalf in Luzerne County Court, seeking a hearing in connection with the allegations against her client, arguing the prosecution does not have enough evidence to prove its case.

Luzerne County Judge Michael T. Vough on Monday scheduled the hearing to take place at 2 p.m. Feb. 7.

According to an affidavit filed by state police, Newport Township Police Chief Jeremy Blank told Trooper Martin Connors that on Jan. 4, 2013, he went to a home on Miner Avenue, Wanamie, in connection with an unrelated incident.

While there, Blank told Connors, he encountered Spencer, who told the chief he was living at the address, according to the affidavit. A records check revealed that Spencer was a Megan’s Law offender listed as living on Essex Lane in Wilkes-Barre.

In March 2000, a Luzerne County jury Wednesday found Spencer, then of Hunlock Township, guilty of sexually assaulting a 15-year-old girl. The following month, county Judge Mark Ciavarella sentenced Spencer to a state prison term of six to 12 years.

State records show that Spencer, 48, is a Tier 3 offender and must register for life. State police must be notified of any change of address within three days.

Newport police said they returned to the Miner Avenue residence the following week and took statements from Spencer and his girlfriend indicating that they had moved into the apartment on Jan. 1, 2013. Police said they also obtained a written statement from the landlord — the girlfriend’s father — who said the couple moved in on Jan. 1.

On Jan. 18, 2013, Spencer’s girlfriend was cited with a traffic violation while driving his car, which was then towed, police said. Spencer called Blank a short time later to ask where the vehicle was, and the chief told him “he could be towed for numerous violations including failure to change his address and his motor vehicle registration,” the affidavit says.

Later that day, according to police, Spencer arrived at the police station to drop off a change of address form for his license and vehicle registration, which indicated he had moved on Jan. 1.

Spencer is facing two counts of failure to address/be photographed, a felony.

According to the motion filed by Kacmarski, the defense does not believe the prosecution can establish a case.

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